FT Quotes Jan Walter on EU Compulsory Licensing and ‘Patent Package’

June 14, 2023

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For its article “EU’s patent reforms gain speed,” Financial Times quoted Akin senior policy advisor Jan Walter. The article discusses the European Union’s adoption of the Unitary Patent system on June 1 and “patent package” of three complementary reforms that the EU is considering as a continuation of its harmonization efforts in the intellectual property sphere.

FT notes that one EU measure intended to strengthen the Unitary Patent is compulsory licensing in a crisis, such as the COVID-19 pandemic, which would allow for the use of a product without its patent holder’s consent. Jan, who is based in Geneva, notes that many see compulsory licensing as a surprise, noting, however that this should not be the case in light of the EU’s “evolving narrative and position in international organisations” such as the World Trade Organization during the pandemic, along with the European Commission’s (EC) long-term efforts on EU-wide intellectual property (IP) harmonization.

He added that, although much new EU legislation can take years to finalize and adopt, this package will be “pushed hard” by proponents, including the EC, for adoption before the European Parliament’s June 2024 election.

Jan says that the result “will demonstrate a new balance of IP rights as the EU understands it emerging from the pandemic.”

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